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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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summanotre v Simply Be from Candid


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This account is originally with Simply Be, but when I got into diffulties it was sent to reliable collections and then back to Simply Be, then to Moorcroft pre-court division, to Midaslegal Services back to Moorcroft but this time their home collections department and then on to Home Collection Services. I wrote to Home Collection asking for cca but received a response from moorcroft who said they are no longer dealing with the account - what the hells going on? :confused:

 

Ive written to moorcroft and asked them to explain.

 

I would just like to sate that I have never received a default notice from the orginal creditor or their in-house collection service (reliable) or any of the other organisations mentioned - surely one should have been issued at some point?

 

And has anyone had a similar experience with regards to sending a request to one DCA only to receive a response from a different one?

Edited by summanotre
clarifying sentences & correcting spelling

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Oh and I should say that I mentioned that I have never received a default notice in my letter to Home collection when I requested my cca

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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  • 2 weeks later...

Can someone please advise, help or anything else????

 

:-|

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Think im gonna have to give up on this one as no one seems to be able to help. :-|

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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Share on other sites

If you are feeling left out in the default department I could send you one of mine - I have lots!!;)

 

The dca's wont have your cca that's why they pass you around to different companies. From what Ive heard catalogues rarely produce cca's either.

If I were you I would cca Simply Be and then when they dont comply with your request, send the "account indispute letter" that way they wont be entitled to pass it on to another cca

 

How oldis the alleged debt?

 

cas

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Debt is probably a couple years old - not sure as I dont have anything to say when the account was supposed to have been opened.

 

I may wait a bit longer to see if Im contacted again, that way Ive got some breathing space to sort other stuff out.

 

What really puzzles me though is why moorcroft wont tell me why they are no longer dealing with the account or who its been passed onto? Can I make them tell me? Thought there may be something that covers that - Data protection Act maybe?

 

Btw thanx cas93 for your responses :-)

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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If you are feeling left out in the default department I could send you one of mine - I have lots!!;)

cas

 

Ah - no thank you!! :p

Magna res est vocis et silentii temperamentum

 

The great thing is to know when to speak and when to keep quiet.

 

(Seneca the Younger (attributed), Proverbs, 74)

 

 

Speech is given to many; intelligence to few - but if its well said, I said it!

:p

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